Gopi Yadav vs State of C.G.

P. Sam Koshy, J.�This is the first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant-accused who has been arrested on 26.5.2014 in connection with Crime No. 163/2014 registered at Police Station - Dongargaon, District-Rajnandgaon, for the offences punishable under Sections 363, 366 & 376 of IPC as well as under Sections 4 & 8 of the Protection of Children from Sexual Offences Act, 2012. As per the prosecution story, allegation against the applicant-accused is that he is said to have eloped along with the prosecutrix, who is aged about 17 years and 6 months; on 17.5.2014, and from 17.5.2014 to 26.5.2014 he took the prosecutrix to different places including Chennai and other district places at Chhattisgarh and subsequently they returned to their village on 26.5.2014 where the applicant-accused has been arrested. In between, the father of the prosecutrix had lodged a report on 23.5.2014 alleging that his daughter, the prosecutrix, has left the home on 17.5.2014 and has not returned back.

Learned counsel for the applicant, taking the Court through the statement of the prosecutrix who is only six months short of reaching the age of majority'' i.e. 18 years, submits that the prosecutrix in her statement has admitted the fact that the prosecutrix was having a relationship with the applicant for long and that for all these period, much before they had gone to Chennai and other places, they were maintaining physical relationship frequently and that in between also after they had gone together on 17.5.2014 to 26.5.2014 they voluntarily had physical relationship.

Learned counsel for the applicant further submits that it is a clear case where the applicant and the prosecutrix were having a love affair and on account of which they had together eloped from their respective house and, as such, no offence punishable under Section 363, 366 & 376 of IPC is made out against the applicant.

Learned counsel for the State, however, opposes the bail application and submits that the applicant-accused has exploited the prosecutrix on the pretext of marriage knowing that she is a minor and, therefore, the applicant-accused is not entitled to be released on bail.

Taking into consideration the total facts and circumstances of the case and also on going through the statement of the prosecutrix wherein she accepts the fact that she had voluntarily accompanied the applicant-accused to different places and that in the past also they were maintaining physical relationship, I am of the view that it is a fit case where the applicant-accused can be released on bail. Accordingly, the application filed under Section 439 of Cr.P.C. is allowed. It is directed that in case if the applicant-accused furnishes a personal bond for a sum of Rs. 5,000/- with one surety of the like amount to the satisfaction of the concerned trial Court, then he shall be released on bail on the following further conditions:--

(i) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer;

(ii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and

(iii) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.